Executive Policy Manual

EP39 – WSU Service and Support Animals Policy

Approved September 24, 2024

1.0     Introduction

1.1     Intent

Washington State University (WSU or University) recognizes the importance of service animals, service animals in training, and emotional support animals for people with disabilities.

1.2     Scope

This executive policy (EP39) applies to all WSU campuses and WSU-controlled locations, including academic and administrative units. All University employees, students, and visitors are required to comply with this policy and the accompanying procedures.

The terms of this policy are construed and interpreted consistent with local, state, and federal laws and regulations.

2.0     Definitions

The following definitions apply to terms used in this policy.

2.1     Disability Services Provider

The disability services provider is the office designated to address the reasonable accommodation needs of individuals with disabilities. Each campus has an assigned disability services provider for students and employees, e.g., Human Resource Services (HRS) Disability Services (for employees), the Access Center (for WSU Pullman students). For a complete list of disability services providers, see Accessibility at WSU.

2.2     Emotional Support Animal

An emotional support animal is defined as an animal:

  • That alleviates one or more of the identified symptoms or effects of an individual’s existing disability;
  • Is necessary to afford an individual with a disability an equal opportunity to use and enjoy a dwelling; and
  • For which there is an identifiable relationship between the disability and the assistance the animal provides.

(Federal Housing Act (FHA) (42 USC 3601); Department of Housing and Urban Development (HUD) Regulations (24  CFR 5))

Note: An emotional support animal does not need to be trained to perform a disability-specific task.

Emotional support animals are also commonly referred to as assistance, comfort, or therapy animals. Emotional support animals are not considered service animals, in accordance with the definition in Section 2.6.

2.3     Handler

A handler is defined as:

  • An individual with a disability, including a physical, psychiatric, intellectual, or other mental disability, for whom a trained service animal does work or performs tasks; or
  • An individual exercising care, custody, and control over a service animal in training during a course of training designed to develop the service animal in training into a trained service animal. (RCW 49.60.040, RCW 49.60.214, and RCW 49.60.215)

2.4     Housebroken

The term “housebroken” is defined as trained to urinate and defecate outside of the facility or only in an appropriate place.

2.5     Out of Control

The term “out of control” is defined as showing any aggressive, threatening, or disruptive behavior, such as jumping, unprovoked growling, uncontrolled barking.

2.6     Service Animal

A service animal is defined as a dog or a miniature horse that is trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, or intellectual disability. The work or tasks performed by a trained service animal must be directly related to the individual’s disability. (28 USC 36.104, RCW 49.60.040)

A service animal is not considered a “pet.”

2.7     Service Animal in Training

 A service animal-in-training is defined as a dog or a miniature horse that is undergoing training to become a service animal. (RCW 49.60.040, RCW 49.60.214, and RCW 49.60.215)

2.8     Service Animal Administrator

A service animal administrator is the person(s) or committee(s) designated by the University to review requests and make decisions regarding prohibiting service animals in certain areas on or within University property. The service animal administrator also reviews complaints regarding the presence or behavior of service animals on or within University property.

The University may designate more than one person or committee to serve as a service animal administrator and may designate different service animal administrators for different campuses or specific properties. For more information and contact information for the service animal administrator(s), see Accessibility at WSU.

3.0     Service Animals and Service Animals-in-Training

3.1     Allowed/Prohibited Locations

Service animals and service animals-in-training are permitted in all WSU locations where handlers are allowed access, unless the service animal administrator approves a prohibition.

The service animal administrator maintains a list of locations where service animals and service animals-in-training are prohibited. Locations that do not permit service animals for reasons approved by the service animal administrator must clearly identify the prohibition through signage and policy that are available in accessible formats.

To request a prohibition, the appropriate senior administrators responsible for the program or facility must provide the following information to the service animal administrator:

  • Sufficient information to demonstrate the unreasonable or direct threat that service animals and service animals in training pose or the fundamental alteration that service animals would cause.
  • Risk assessments for each individual area where restrictions are proposed.

    Note: Requesting a restriction on an entire building is not appropriate without sufficient supporting information and documentation. Requesters must identify each individual area within a building and provide risk assessments for each area requested to be restricted.

  • Sufficient information to demonstrate that the University cannot eliminate the risks through modifications of policies, practices, or procedures.

The service animal administrator reviews the materials and provides a decision regarding the proposed prohibited location. Service animal and service animal in training access may be prohibited in WSU locations where:

  • The presence, behavior, or actions of service animals poses an unreasonable or direct threat to property and/or the health or safety of others (including other animals); and/or
  • The presence of service animals would cause fundamental alterations to University programs.

The service animal administrator’s decision is the final decision of the University. However, prohibition requests may be revisited from time to time as circumstances change. The service animal administrator may revisit prohibitions when requested or when new information is provided.

3.2     Inquiries, Documentation, and Identification

Unless it is readily apparent that an animal is trained to do work or perform tasks for an individual with a disability, WSU employees are permitted to ask the individual the following two questions to determine if the animal is a service animal or service animal in training:

  • Is the animal performing, or being trained to perform, work required because of a disability?
  • What work or task is the animal trained or in training to perform?

Individuals may not:

  • Ask an individual with a service animal about the nature or extent of their disability;
  • Require documentation, such as proof that the animal has been certified, trained, or licensed as a service animal;
  • Require the animal to perform a task it has been trained to perform; or
  • Ask any questions if it is readily apparent that the animal is trained to do work or perform tasks for an individual with a disability.

Service animals and service animals in training do not have to be identified by a vest or paperwork. Students and visitors to campus do not need to register their service animals and service animals in training with any University office or department.

An employee who needs to bring a service animal to the workplace must contact HRS Disability Services, which may require documentation for an accommodation. If the employee is assigned to a new workplace location or if the current facility’s use changes to one in which the presence of a service animal may present challenges, HRS Disability Services may need to consult with the service animal administrator to determine if any temporary permissions, exceptions, and waivers are available to accommodate service animals.

An employee who needs to bring a service animal in training to the workplace must submit a request to the University for an exception to the animal access restrictions in WAC 504-36-020.

Consistent with WAC 504-36-020, the Executive Vice President for Finance and Administration, the President, a campus chancellor, or the President’s designee may, at their discretion, grant a conditional exception to permit service animals in training in the workplace, where an exception is not otherwise be permitted. For more information, see Accessibility at WSU.

3.3     Handler’s Responsibilities

The care and supervision of a service animal or service animal in training is the responsibility of the handler. Service animals and service animals in training must be harnessed, leashed, or tethered, unless:

  • These devices interfere with the animal’s ability to do the work or perform the tasks for which the animal is trained or being trained; or
  • The individual’s disability prevents use of these devices.

    In that case, the individual must maintain control of the animal through voice, signal, or use of other effective controls.

(Americans with Disabilities Act (ADA) (42 USC 12101 et seq.), RCW 49.60.040, RCW 49.60.214, and RCW 49.60.215)

Handlers are required to comply with local animal control or public health requirements, including vaccinations and immunizations, as required.

Handlers intending to reside in University housing with a service animal or service animal-in-training are strongly encouraged to notify Housing and Residence Life; e-mail: housing@wsu.edu.

3.4     Request for Removal of a Service Animal or Service Animal in Training

University employees may not ask a handler to remove their service animal or service animal in training from a University premises unless:

  • The animal is out of control (see Section 2.5 for definition) and the handler does not take effective action to control it;
  • The animal is not housebroken (see Section 2.4 for definition);
  • The animal is in a prohibited area as identified under Section 3.1; or
  • The animal injures or attempts to injure a person or property.

Prior to requesting removal because the animal is out of control, the handler is first afforded the opportunity to bring the animal under control. If the behavior persists, a University employee may request that the handler immediately remove the animal from the facility pending a prompt evaluation of the incident by the office or departmental supervisor responsible for the program or facility, in consultation with the service animal administrator.

If the animal is not housebroken, is in a prohibited area, or injures or attempts to injure a person or property, the animal may be removed from the facility immediately.

In the event an animal is removed from a facility, the office or department supervisor or the appropriate central administrative unit responsible for the program or facility works with the handler to assess alternative options to allow continued participation without the animal. This may include referring them to the appropriate disability services provider. See Section 2.1.

3.5     Complaint Processes

 3.5.a    Discrimination Complaints

Handlers may file complaints of discrimination on the basis of their disability with Compliance and Civil Rights (CCR). CCR reviews the complaints in accordance with this policy and/or Executive Policy Manual EP15: Policy Prohibiting Discrimination and Harassment.

More information about compliant procedures is available from CCR; telephone 509-335-8288.

3.5.b    Access Complaints

Handlers may contact CCR, who consults with the service animal administrator, to discuss concerns and potential University response options. Handler concerns or objections may include, but are not limited to, the University’s implementation of this policy and/or the level of access granted to the service animal or service animal in training.

More information is available from CCR.

3.5.c    Complaints Regarding Behavior or Presence of Service Animals or Service Animals in Training

Individuals are to report concerns or complaints about a service animal or service animal in training to the office or department personnel responsible for the program or facility. The applicable office or department personnel must work with the service animal administrator to coordinate a response.

If such a review could result in actions against the animal or handler, the applicable office or department personnel must give the handler notice of the concern and the opportunity to respond and/or to remedy the behavior.

In the event an animal is prohibited from accessing a facility, in consultation with the service animal administrator, the office or department supervisor or the appropriate central administrative unit responsible for the program or facility works with the handler to assess alternative options to allow continued participation without the animal. This may include referring them to the appropriate disability services provider. See Section 2.6.

4.0     Emotional Support Animals

4.1     Accommodations

The presence of emotional support animals at WSU campuses is controlled by WAC 504-36-020, which strictly limits animals in University buildings and other settings, unless the applicable disability services provider approves an accommodation to this regulation.

The process for determining whether an emotional support animal is permitted as a reasonable accommodation in a specific University laboratory, classroom, or other setting involves:

  • Documentation verifying the presence of a disability or chronic medical condition; followed by
  • An interactive process in which accommodation options are discussed and considered that would allow the student an equal opportunity to engage in the course, lab, or other activity.

For more information on student accommodations, see the Access Center/Access Services for each campus.

4.2     Requesting an Emotional Support Animal in University Housing

Although WSU generally prohibits individuals from having animals in University housing (see WAC 504-36-020), WSU does consider requests by individuals with disabilities for a reasonable accommodation from this prohibition.

Residents wishing to request that their emotional support animal be allowed to reside in University housing must follow the procedures for requesting an emotional support animal accommodation through the applicable campus disability services center (e.g., the Access Center for WSU Pullman students). For more information, see the Access Center’s Service and Support Animals in University Housing guidance.

4.3     Employee Requesting an Emotional Support Animal

An employee who wishes to bring an emotional support animal to the workplace must contact HRS Disability Services, which may require documentation for an accommodation. If the employee is assigned to a new workplace location or if the current facility’s use changes to one in which the presence of an emotional support animal may present challenges, HRS Disability Services may need to determine if any temporary permissions, exceptions, and waivers are available to accommodate emotional support animals.

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Revisions:  Sept. 2024 (Rev. 121); Mar. 2019 – new policy (Rev. 83)